A pandemic situation was announced for the entire country until April 30, 2021. . This unusual situation had caused many changes in various areas, including in the area of labour law These changes are important and affect both the employers and the employees alike.
A major employer obligation is to ensure Occupational Health and Safety (OHS). Strict compliance with this obligation was crucial during the pandemic And in order to do so, many employers had resorted to measuring the body temperature of their employees and of any citizen wishing to enter their offices. Other employers had decided to implement PCR testing for their employees.
In the course of checking the employees’ health status, specific personal data were collected, which should be the subject of protection. This issue had been repeatedly referred to the Commission for Personal Data Protection. The Commission’s view was that no employer has the obligation to test their employees for Covid-19, but the employer has a legal option to do so. An important clarification is that the employer has the right only to arrange for the testing, without carrying it out. And prior to proceeding with the arrangements for having the employees tested, the employer will have to make sure and justify that the the collective interests of the employees to work in a safe environment are paramount over the individual right of each employee to refuse such interference in their personal life. Only then the employer will have the right to issue mandatory testing instructions aimed at identifying any employee infected, or suspected of being infected, with COVID-19
Does the employer have the right to notify other employees about a staff member infected, or suspected of being infected, with COVID-19? Can an employer make obligatory for an employee to produce a PCR test result after returning from leave? In this context, the answer to these and to many other questions is rooted in whose interests are paramount – the collective interests or the individual right to privacy. Each case is subject to individual judgment.
The pandemic situation we are in can be described in many ways, one of which is being a dynamic situation. New factors are constantly emerging that need to be taken into account, in addition to new legislative provisions governing the behavior of citizens. Therefore, difficulties often arise for the parties to an employment relationship. Our team can offer you effective legal ways to eliminate any complications at work.
